Loading...
CM-2019-0160 - 5/31/2019WILLIAM M. KNOLLE DONALD W. HOLCOMB CALLEY D. CALIAHAN ANN S. TAYLOR ROH D. HOLCOMB KNOLLE, HOLCOMB, CALLAHAN & TAYLOR ATTORNEYS AT LAW I3625 RONALD REAGAN BLVD BUILDING ONE. SUITE 100 CEDAR PARK. TEXAS 78613 TELEPHONE (S 12) 476-1121 FACSIMILE (5 t2) 476-1131 May 29, 2019 Steve Sheets Sheets & Crossfield, PLLC 309 East Main Street Round Rock, Texas 78664 RE: Owner: City of Round Rock, Texas Contractor: DeNucci Constructors, LLC Project: Brushy Creek Trail Veterans to Rabb Park Dear Mr. Sheets: OF COUNSEL PATRICK J. MCGEITIGAN SENDER'S EMAIL ADDRESS Via email: steve(a)scrrlaw.com Please let this letter confirm the understanding and agreement concerning this Firm's representation of the City of Round Rock, Texas (the "City") in regard to certain matters including the issues that have arisen between the City and DeNucci Constructors, LLC ("DeNucci") pertaining to the construction of the above -referenced Project ("Project"). This engagement letter is intended to apply to preliminary services to be provided by this Finn in cooperation with your firm to review and respond to certain claims being made by DeNucci (the "Claims") related to the excavation of the embankment immediately to the north of the box culvert being installed on the Project. This engagement letter will also apply to your request that this Firm review the Contract forms currently being used by the City related to construction projects. In consideration for the payment of this Firm's fees at the rates set forth herein and the payment of any expenses incurred in such representation, this Finn agrees to represent the City in investigating and responding to the Claims and will review the construction Contract forms currently being used by the City and will provide you with any changes to the forms that this Firm may recommend. This Firm will not provide services which will exceed a total compensation payable by the City in excess of $50,000.00, without first obtaining the prior written approval of the City to provide further services. At this time, the hourly rates for the attorneys in the Firm who may be working on this matter are as follows: Donald W. Holcomb $350.00 per hour or fraction thereof Rob D. Holcomb $325.00 per hour or fraction thereof Legal Assistants will be billed at the rate of $125.00 per hour or fraction thereof. The undersigned will be your principal contact at the Firm. This Firm reserves the right to modify the hourly rates at the end of each calendar year. This Firm will maintain records of the services provided and time expended. Time will be billed on a tenth of an hour basis. The normal billing cycle is monthly from the 22nd day of the month to the 21" day of the following month, and invoices for services and expenses are normally mailed the first day of the following month. Invoices shall be payable upon receipt. All amounts shall be payable to this Firm's address set forth in the above letterhead. In case the unlikely event any of this Firm's invoices are not timely paid, this Firm reserves the right to (i) withdraw from this Finn's representation of the City, or (ii) terminate further activity on behalf of the City, unless all past -due accounts are paid in full. All expenses related to the services provided will be included in the statements as disbursements incurred. Such expenses may include photocopying, travel costs, tiling and recording fees, long distance telephone calls, certain overtime assistance, special postage and messenger charges, computerized legal research and other expenses. This Finn reserves the right to require advance payment of some expenses. The terms of this engagement will be governed by Texas law. The City and this Finn are free to terminate the engagement at any time. If the engagement is terminated, the City will remain responsible for payment of fees and expenses incurred until termination. This Firm shall not make any offers of compromise or settlement on behalf of the City without obtaining the prior approval and authorization from the City. The acknowledgment and agreement by the City Manager to the terms of this letter shall be manifested by the City Manager's signature below. By signing below, the City Manager represents that she has the authority to bind the City to the terms and conditions set forth herein. This Firm will work closely with your Firm regarding any services provided and will provide to you, in advance, for your review and approval, any correspondence sent by this Firm to attorneys for DeNucci or any other party. It is this Firm's understanding, that this Firm's invoices should be submitted directly to you for review and approval. Thank you and the City for the opportunity to represent the City in this matter. Very sincerely, KNO LE, HOLCOM , CALLAHAN & TAYLOR Donald W. Holcomb Approved: THE CITY OF ROUND ROCK, TEXAS By: Laurie Hadley City Manager City of Round Rock JREXAOU"s°� Agenda Item Summary Agenda Number: Title: Consider executing an engagement letter with Knolle, Holcomb, Callahan & Taylor for legal services. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/31/2019 Dept Director: Steve Sheets Cost: $50,000.00 Indexes: Attachments: Engagement Ltr.PDF, LAF.PDF Department: Legal Department Text of Legislative File CM -2019-0160 Legal services regarding the construction of the Brushy Creek Trail Veterans to Rabb Park Project. Cost: $50,000.00 Source of Funds: General Fund City of Round Rock Page i Pdnted on 5a0/2049